Reporting an employer to the Federal Department of Labor is theoretically straightforward. In practice, however, there are complications. Which agency you report to and the complaint-filing process you follow varies, depending on the violation you are reporting. There are also reporting deadlines that you will need to observe and some pitfalls you should be aware of.

Who Do You Report to?

The first thing you need to figure out is to which agency or agencies you will report the violation. This can be confusing. Among several commissions are:

The Wage and Hours Division handles compensation and minimum wage issues as well as violations of family and medical leave.

The Occupational Safety and Health Administration (OSHA) handles unsafe working conditions and violations of environmental laws related to constructions.

The Equal Employment Opportunity Commission (EEOC) handles employment discrimination based on race, color, religion, gender, national origin, age or disability.

These agencies handle a majority of cases, but not all. Additionally, some violations need to be reported first at a state agency. Some complaints can be made only if the employer has a specific minimum number of employees.

There really isn't any certain way of knowing all these specifications and requirements beforehand, including which agency to report the violation. The best way to proceed is to take your best guess, and then be guided by the professionals at the first agency you contact. They may accept the complaint, but if not, they will refer you to another agency or the state agency where you must first report.

While some agencies (OSHA, for example) allow you to present your complaint by telephone, it's safer to make the complaint in writing or in person, which also produces a legal record of the complaint and the date it was made. If there are a present danger and emergency – for instance, a construction worker has been instructed to do something dangerous or harmful to the environment– make the phone call first, then follow it up afterward in person or in writing.

Reporting Violations to Your Employer

Many online articles and government websites recommend you report a violation to your employer first. Depending on your employer, this may be a sensible first step or take a moment to consider that it might get you fired. If you enter "fired for reporting a violation to my employer," in your search engine, you'll get a surprising number of hits and assorted firing scenarios.

You will see that often the fired employee won their suit against the employer for whistleblower violations. In other instances, whistleblowers went unprotected because they didn't report the violation within a required time limit.

If you are confident that your employer will respond positively and lawfully to your report of a violation, going directly to the employer with the complaint can resolve a problem quickly. If you're uncertain how your employer may respond, it's a good idea to consult a labor law attorney with whistleblower experience before making the complaint known.

Keep in mind that if you file the complaint with a federal agency after a specific filing deadline, you will no longer enjoy whistleblower protection. Some deadlines fall within 30-days of the violation, which is another reason to consider consulting a labor law attorney when considering making the complaint.

Tip

The NLRA covers workers in the private sector. If you're a public sector employee, the National Labor Relations Board doesn't address issues that you should take to your designated agency. Other employees who aren't covered by the NLRA include railroad employees, workers employed on farms and in domestic roles such as household helpers, employees who work for a family business and workers who are considered independent contractors.

About the Author

I am a retired Registered Investment Advisor with 12 years experience as head of an investment management firm. I also have a Ph.D. in English and have written more than 4,000 articles for regional and national publications.

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Gleeson,, Patrick. "How to Report an Employer to the Labor Board." Work - Chron.com, http://work.chron.com/report-employer-labor-board-9092.html. 16 March 2018.

Gleeson,, Patrick. (2018, March 16). How to Report an Employer to the Labor Board. Work - Chron.com. Retrieved from http://work.chron.com/report-employer-labor-board-9092.html

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